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Medical Malpractice Suits

  • By: Tommy Pittenger
  • Published: October 4, 2019

Medical malpractice is a serious matter. Studies estimate that medical errors account for as many as 251,000 deaths each year in the United States, which ranks medical errors as the third leading cause of death. With a quarter of a million deaths due to medical errors per year, you might expect that there are even more incidents of illness or injury due to medical malpractice. And the problems that result from a medical malpractice incident can be numerous. Medical malpractice can result in life-altering consequences that may require lifetime care. Medical malpractice can make medical bills soar to astronomical levels. Medical malpractice errors can cause harm to a patient that might end their career, destroy their family’s financial stability, or alter their life permanently. Indeed, medical malpractice is a serious matter.

If you or a loved one have been the victim of a medical malpractice incident, you absolutely need to talk to a legal malpractice attorney in Baton Rouge, LA. Many hospitals, physicians, healthcare facilities, etc. have medical malpractice insurance, which may cover your damages, but insurers rarely step right up and offer a big settlement. Insurers are in the business of making money, not paying it out. If you have been injured due to the negligence of a hospital employee or healthcare worker, etc., you can rest assured that the facility or its insurer will be looking to pay as little as possible in most cases. And if your medical malpractice claim is contentious in any way, expect the hospital or healthcare facility to have big powerful attorneys on their team. In short, if you are fighting a Goliath, it would be wise to have an equally powerful attorney on your side, fighting for you.

Medical Malpractice Suits: Timeline & Process

We’d like to tell you that your claim and case will be settled quickly, but unfortunately there is no way to know exactly how long the process will take. Each medical malpractice lawsuit is different—different conditions and circumstances, different levels of complexity, etc. While most medical malpractice claims are settled out of court, the process does require that each side file the appropriate motions and continue through the discovery phase in the courts. And as the courts are typically overflowing with cases, this could add to the overall waiting time till settlement. The discovery phase allows both sides to request and review any relevant information, evidence, or documents from the other party. During this time both sides will consult with medical experts who will advise on the details and solidity of the complaint. If medical experts from both sides agree that negligence occurred, then the lawsuit will continue. If the medical experts agree that negligence did not occur, then the case will probably be dismissed. And if the medical experts disagree with each’s findings on negligence, then more experts will likely be brought in for further examination of the facts and evidence.

Only after this process is complete will the case be allowed to continue forward, but once that happens and there is an agreement by the medical experts that the case should in fact move forward, at this point negotiation will begin for a possible out of court settlement.

Settlements vs. Jury Trials

Settlements out of court are typically lower than awards handed down by juries, but jury trials can be protracted. Therefore, all factors, including your level of patience and immediate financial needs, should be discussed with your legal malpractice attorney in Baton Rouge, LA. But regardless of whether you intend to settle out of court or take your matter to trial, you’ll absolutely need a seasoned legal malpractice attorney with a solid reputation and successful track record on your team. If the defense knows that the plaintiff’s attorney has no fear of going to court, and has a track record of winning, the defense will likely encourage their client to settle out of court for a larger amount than they would otherwise.

Litigation in court can be costly, so it is critical that you discuss the costs and your options when you meet with any legal malpractice attorney in Baton Rouge, LA. Pittenger Law Firm has the experience and the track record you are looking for, so call us for a consultation and let us get moving on your case immediately.

When you work with us, at Pittenger Law Firm, we will fight to get you the maximum compensation you deserve. And as medical malpractice claims can sometimes take many months or longer to settle, we understand that could potentially cause a financial hardship, because your medical bills won’t stop coming in while you are working toward settling your claim. With that in mind, we may be able to find you options that would provide some up front money, if we feel your case is very strong. Of course, every case is different and we would want to discuss all the options, what’s possible, and what may not be possible, during our initial meeting with you.

But no matter how serious your injuries or damages are, whether they are minor or severe, and regardless of who the negligent party is, whether they are a small healthcare provider, private physician, or major hospital, the sooner we can get to work on your case and claim the better. Call Pittenger Law Firm today and schedule a consultation; your health and your future is important to us.

A Seasoned Attorney Who Gets Results

You need a seasoned legal malpractice attorney who knows the law, backwards and forwards, an attorney who has a track record of success that you can count on to get you the compensation you deserve for your damages and suffering, and potentially lifelong care if needed. In Baton Rouge, LA, and the surrounding area, people turn to Pittenger Law Firm when the stakes are high and their future is on the line. For over 20 years, Attorney Pittenger has been representing injured people, and companies, all across the beautiful state of Louisiana. Attorney Pittenger understands the nuances of the law and knows how to make them work for you, to win your case. And he provides the kind of personalized service that is seldom seen in most firms these days. When you sit down with Tommy, you’ll be comfortable, and he’ll treat you like a trusted friend, because every client he takes on becomes a part of the Pittenger Law family.

Tommy Pittenger

About the Author Tommy has been representing injured individuals and companies across the
state of Louisiana for over 20 years. He is also proud to have won many
significant verdicts and settlements favorable to his clients. Read More